Sec. 4. Citrus Disease Research and Development Trust Fund Advisory Board
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/bill/113/s/220/is/section-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The purpose of this section is to establish an orderly procedure and financing mechanism for the development of an effective and coordinated program of research and product development relating to— scientific research concerning diseases and pests, both domestic and invasive, afflicting the citrus industry; and support for the dissemination and commercialization of relevant information, techniques, and technologies discovered pursuant to research funded through the Citrus Disease Research and Development Trust Fund established under section 1001 of the Trade Act of 1974, as added by section 3(a) of this Act, or through other research projects intended to solve problems caused by citrus production diseases and invasive pests.
In this section: The term Board means the Citrus Disease Research and Development Trust Fund Advisory Board established under this section. The term citrus means edible fruit of the family Rutaceae, commonly called citrus . The term citrus includes all citrus hybrids and products of citrus hybrids that are produced for commercial purposes in the United States. The term Department means the Department of Agriculture. The term person means any individual, group of individuals, firm, partnership, corporation, joint stock company, association, cooperative, or other legal entity.
The term producer means any person that is engaged in the domestic production and commercial sale of citrus in the United States. The term program means the citrus research and development program authorized under this section. The term Secretary means the Secretary of Agriculture. The term Trust Fund means the Citrus Disease Research and Development Trust Fund established under section 1001 of the Trade Act of 1974, as added by section 3(a) of this Act. Not later than 180 days after the date of the enactment of this Act, the Secretary shall promulgate regulations to carry out this section.
The Citrus Disease Research and Development Trust Fund Advisory Board shall consist of 9 members. The members of the Board shall be appointed by the Secretary. Members of the Board represent the interests of the citrus industry and shall not be considered officers or employees of the Federal Government solely due to membership on the Board. The membership of the Board shall consist of— 5 members who are domestic producers of citrus in Florida; 3 members who are domestic producers of citrus in Arizona or California; and 1 member who is a domestic producer of citrus in Texas.
Prior to making appointments to the Board, the Secretary shall consult with organizations composed primarily of citrus producers to receive advice and recommendations regarding Board membership. The Secretary shall appoint a new Board member to serve the remainder of a term vacated by a departing Board member. When filling a vacancy on the Board, the Secretary shall— appoint a citrus producer from the same State as the Board member being replaced; and prior to making an appointment, consult with organizations in that State composed primarily of citrus producers to receive advice and recommendations regarding the vacancy.
Except as provided in clause (ii), each term of appointment to the Board shall be for 5 years. In making initial appointments to the Board, the Secretary shall appoint 1/3 of the members to terms of 1, 3, and 5 years, respectively. If a member or alternate of the Board who was appointed as a domestic producer ceases to be a producer in the State from which the member was appointed, or fails to fulfill the duties of the member according to the rules established by the Board under paragraph (4)(A)(ii), the member or alternate shall be disqualified from serving on the Board.
The members of the Board shall serve without compensation, other than travel expenses described in clause (ii). A member of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Board. The Board may accept, use, and dispose of gifts or donations of services or property.
The Board may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government. Notwithstanding section 1342 of title 31, United States Code, the Board may accept and use the services of volunteers serving without compensation. Subject to the availability of funds, the Secretary shall provide to the Board technical and logistical support through contract or other means, including— procuring the services of experts and consultants in accordance with section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the highest rate payable under section 5332 of that title; and entering into contracts with departments, agencies, and instrumentalities of the Federal Government, State agencies, and private entities for the preparation of reports, surveys, and other activities.
An employee of the Federal Government may be detailed to the Commission on a reimbursable or nonreimbursable basis. The detail of the employee shall be without interruption or loss of civil service status or privilege. The Administrator of General Services shall provide to the Board on a reimbursable basis administrative support and other services for the performance of the duties of the Board. Departments and agencies of the United States may provide to the Board such services, funds, facilities, staff, and other support services as may be appropriate.
The regulations promulgated by the Secretary shall define the general responsibilities of the Board, which shall include the responsibilities— to meet, organize, and select from among the members of the Board a chairperson, other officers, and committees and subcommittees, as the Board determines to be appropriate; to adopt and amend rules and regulations governing the conduct of the activities of the Board and the performance of the duties of the Board; to hire such experts and consultants as the Board considers necessary to enable the Board to perform the duties of the Board; to advise the Secretary on citrus research and development needs; to propose a research and development agenda and annual budgets for the Trust Fund; to evaluate and review ongoing research funded by Trust Fund; to engage in regular consultation and collaboration with the Department and other institutional, governmental, and private actors conducting scientific research into the causes or treatments of citrus diseases and pests, both domestic and invasive, so as to— maximize the effectiveness of the activities; hasten the development of useful treatments; and avoid duplicative and wasteful expenditures; and to provide the Secretary with such information and advice as the Secretary may request.
The Board shall submit annually to the Secretary a proposed research and development agenda and budget for the Trust Fund, which shall include— an evaluation of ongoing research and development efforts; specific recommendations for new citrus research projects; a plan for the dissemination and commercialization of relevant information, techniques, and technologies discovered pursuant to research funded through the Trust Fund; and a justification for Trust Fund expenditures. A research and development agenda and budget may not be submitted by the Board to the Secretary without the affirmative support of at least 7 members of the Board.
Not later than 60 days after receiving the proposed research and development agenda and budget from the Board and consulting with the Board, the Secretary shall finalize a citrus research and development agenda and Trust Fund budget. In finalizing the agenda and budget, the Secretary shall— due to the proximity of citrus producers to the effects of diseases such as huanglongbing and the quickly evolving nature of scientific understanding of the effect of the diseases on citrus production, give strong deference to the proposed research and development agenda and budget from the Board; and take into account other public and private citrus-related research and development projects and funding.
Each year, the Secretary shall submit to the Committee on Agriculture and the Committee on Ways and Means of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry and the Committee on Finance of the Senate a report that includes— the most recent citrus research and development agenda and budget of the Secretary; an analysis of how, why, and to what extent the agenda and budget finalized by the Secretary differs from the proposal of the Board; an examination of new developments in the spread and control of citrus diseases and pests; a discussion of projected research needs; and a review of the effectiveness of the Trust Fund in achieving the purpose described in subsection (a).
To ensure the efficient use of funds, the Secretary may enter into contracts or agreements with public or private entities for the implementation of a plan or project for citrus research. Each fiscal year, the Secretary may transfer up to $2,000,000 of amounts in the Trust Fund to the Board for expenses incurred by the Board in carrying out the duties of the Board. The Board shall terminate on December 31 of the fifth calendar year that begins after the date of the enactment of this Act.